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TODAY'S TOP DEVELOPMENTS Monday, January 25, 2016   Industry news, expert analysis, and daily updates on the most significant insurance coverage legal developments—from the insurance and legal experts of The National Underwriter Company.  CASE LAW Employee Benefits U.S. Supreme Court Limits Benefit Plans' Ability to Recover Costs from Beneficiaries The U.S. Supreme Court has ruled that when a participant in an employee benefit plan under the Employee Retirement Income Security Act of 1974 ("ERISA") is injured by a third party, the plan pays covered medical expenses, and the participant recovers for his or her injuries from a third party and spends those funds on non-traceable items, a plan fiduciary cannot bring suit to attach the participant's general assets under ERISA §502(a)(3) because the suit is not one for "appropriate equitable relief."  Read More Automobile Insurance Connecticut Supreme: Policy Exclusion Was Void Where It Was Not Set Forth in Separate Endorsement The Connecticut Supreme Court, reversing a trial court's decision, has ruled that a Connecticut statute barred automobile liability insurers from excluding coverage for personal injuries caused to a named insured unless the exclusion was set forth in a separate endorsement to the policy. Read More Insurer Insolvency N.J. Appeals Court Rejects Insured's Argument that It Was Not Responsible for Sums Allocated to Insolvent Insurers A New Jersey appellate court has rejected an insured's argument that, in allocating insurance coverage among primary and excess insurers for cleanup of environmental contamination at a landfill, the trial court had erred by concluding that the insured was responsible for the sums allocated to insolvent insurers rather than allocating those sums among solvent primary and excess insurers.  Read More Homeowners Insurance Minor's Deposition Testimony Leads Appeals Court to Find that Policies Barred Coverage of Claims that He Sexually Assaulted Young Girl An appellate court in Michigan, reversing a trial court's decision, has ruled that a minor's deposition testimony established that he "reasonably should have expected" to injure a girl when he committed sexual misconduct against her and, therefore, that insurance companies were not obligated to defend him in a lawsuit stemming from the assault. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY In the States Florida Approves Removal of Up to 71,500 Additional Policies from Citizens Property Insurance The Florida Office of Insurance Regulation has approved the removal of up to 70,000 personal residential policies and 1,500 commercial residential polices from Citizens Property Insurance Corporation. Read More In the States New Ohio Law Governs Certificates of Insurance A new law in Ohio provides strengthened regulatory protocols and oversight in relation to certificates of insurance. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Julie Pemberton Is Named 2016 President of RIMS  Read More Allianz Endows Technical University of Munich with Professorship for "Large-Scale Data Analytics and Machine Learning"  Read More Tokio Marine Expands from Ocean Marine to Inland Marine in U.S.; Rich Soja Leads Division  Read More Ironshore International Establishes Lloyd's China Platform in Shanghai; Tracy Ma to Lead Underwriting of Specialty Lines  Read More FC&S Legal Publishes "How to Qualify an Expert Witness in the Area of Insurance Claims Handling" in its Flagship Publication, the Insurance Coverage Law Report  Read More View All Industry News   Discussion Impaired Property Exclusion Application Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire January/February Insurance Coverage Law Report   View Insurance Coverage Law Report Archives   Steven A. Meyerowitz, ESQ. Director, FC&S Legal smeyerowitz@alm.com Victoria Prussen Spears, ESQ. Associate Director, FC&S Legal vspears@alm.com FC&S Legal Editorial Advisory Board Mitchell J. Auslander, Willkie Farr & Gallagher LLP Carrie Cope, Schuyler, Roche & Crisham, P.C. Anjali C. Das, Wilson Elser John F. Finnegan, Chadbourne & Parke LLP Michele L. Jacobson, Stroock & Stroock & Lavan LLP Timothy P. Law, Reed Smith LLP Cort T. Malone, Anderson Kill, P.C. Richard D. Milone, Kelley Drye & Warren LLP Joseph P. Monteleone, Rivkin Radler LLP Anne M. Murray, Rivkin Radler LLP Jerold Oshinsky, Kasowitz, Benson, Torres & Friedman LLP Seth B. Schafler, Proskauer Rose LLP Thomas F. Segalla, Goldberg Segalla David D. Thamann, The National Underwriter Company FC&S Daily Legal Report ($1,295 annual subscription) is included as part of your subscription to FC&S Legal: The Insurance Information Center. FC&S Daily Legal Report and The Insurance Coverage Law Report are publications of The National Underwriter Company. For more information, visit www.fcandslegal.com. To subscribe to FC&S Legal, please contact customer service at 1-800-543-0874 or customerservice@nuco.com. FC&S Legal: The Insurance Coverage Law Information Center    LinkedIn   To ensure future delivery of email, please add admin@list.nationalunderwriter.com to your address book, contacts or safe sender list. You have received this email at %%merge members_.emailaddr_%%. Click here to unsubscribe from %%merge list.descshort%%. Copyright ©2016 The National Underwriter Company, A Division of ALM Media LLC. All rights reserved. 4157 Olympic Blvd., Suite 225 Erlanger, KY 41018 1-800-543-0874